Communication of employee medical reports unless consent

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Reference no: EM132219064

Human Resource Dilemmas

1. Marissa Campbell injured her lower back while working in the shipping department for her employer, Venus Cosmetics. Campbell is out and collecting workers’ compensation. Venus is also requiring family medical leave to run concurrently. After 6 months, Campbell’s physician has authorized Campbell to return to light duty. Under the Family and Medical Leave Act (“FMLA”), Venus inquires as to whether she is entitled to the job she previously held. How would you advise her?

2. On Saturn Salvage Company’s application for employment, candidates are asked whether they have previously filed for workers’ compensation. Saturn employs 42 workers. Saturn wants to know if this question is permissible because it is trying to reduce the number of its employees filing for workers’ compensation. How would you advise Saturn?

3. The Health Insurance Portability and Accountability Act (“HIPAA”) prohibits the communication of an employee’s medical reports unless consent is given. Pluto Publishing asserts that when an employee files for workers’ compensation, it must send the employee’s medical report to the state Workers’ Compensation Board. Does the federal law supersede the state requirement?

Reference no: EM132219064

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